Court acquits ex-DESU official of negligently causing death

A Delhi court has acquitted a former DESU official of the charge of negligently causing death of a minor who had died after he came in contact with a live wire hanging from an electric pole 17 years ago.
Metropolitan Magistrate Jitendra Singh freed then Delhi Electric Supply Undertaking (DESU) inspector Bijender Sharma of the charge, saying the prosecution has failed to prove that he was responsible for the maintenance of the electric pole.
"There is not even an iota of evidence to the effect that deceased Pintu was electrocuted owning to any rash or negligent act/omission attributable to accused Sharma.

"Thus, I do not give any hesitation in holding that the prosecution has failed to prove that accused was responsible for electrocution of the victim," the magistrate said.
According to the prosecution, Sharma was the in-charge of electricity supply and maintenance of Gokal Puri in north east Delhi and he had not taken care or precaution which resulted in the death of 16-year-old Pintu.
The incident took place on the afternoon of November 21, 1996 when the victim came in contact with live wire from the electric pole installed at the corner of a road in the area. He was taken to hospital where doctors declared him brought dead.

Sharma's counsel Manish Bhadauria had argued that there was material contradictions in the statements of prosecution witnesses and there was no evidence to show that there was negligence on the part of his client.

The court agreed with the defence counsel's contention, saying, "Even the prosecution has failed to bring on record any documentary proof to prove the responsibility of the accused got the upkeep/maintenance of the electric pole."
It added that the benefit of any lacunae, left in the probe, has to be given to the accused and acquitted him.
The court, however, said the prosecution has proved that the proximate cause of the death was the injuries received by the victim due to electrocution.

"The only material witness, a government servant, who could have thrown any light about the role of the accused has refused to divulge anything about the role and responsibility of the person liable for the upkeep of the electric pole.
"The witness had refused to identify accused Sharma as perpetrator of the alleged offence," the court said.